Serena Forlati

Constitutional Court and decisions of the European Committee of Social Rights

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Abstract

This article discusses the relationship between the Italian Constitution and the European Social Charter, with specific reference to the role of the Committee of Social Rights and its case law, in the light of Judgment No. 194/2018 of the Italian Constitutional Court. Although the Committee’s pronouncements are not per se binding, the approach taken in this instance by the Constitutional Court, whereby domestic authorities should ensure that individuals benefit from the highest possible standard of protection of fundamental rights, is the most appropriate to ensure full respect of Italy’s international obligations.

Keywords

  • European Committee Of Social Rights
  • Quasi-Judicial Bodies
  • Relationship Between International and Domestic Law

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